Patent Litigation 2025

SOUTH AFRICA Law and Practice Contributed by: At van Rooy, Annelise Engelbreg, Ursula Baravalle and Stuart Miller, KISCH IP

KISCH IP has been a leader in intellectual prop- erty and commercial matters in South Africa and Africa for more than 150 years. The firm’s skilled partners, dedicated support staff and network of agents across Africa enable it to nav- igate various intellectual property requirements across the continent, including in the ARIPO, OAPI and UPOV regions. KISCH IP has offices in South Africa and the Jersey Channel Islands. KISCH also has a growing tax advisory team. In formulating patent litigation strategies, the firm

considers all litigation techniques available ac- cording to its clients’ particular circumstances, including the more extraordinary litigation tools such as urgent proceedings and Anton Piller or- ders. Additionally, the firm is competent in en- forcing and quantifying damages orders. KISCH IP is also the only firm (with At van Rooy acting) to have represented clients in two patent mat- ters in the Constitutional Court of South Africa (the highest court): Merial (Case CCT 212/18) and Bayer (Case CCT 237/21).

Authors

At van Rooy is board chair and a director in the litigation department. At has more than 30 years’ experience in specialist intellectual property law litigation and has

Annelise Engelbreg is head of KISCH IP’s patent and design administration and formalities department. Annelise has more than 15 years’ experience in IP and, specifically, in patents and

successfully represented a wide range of international clients in patent and copyright litigation, up to the Supreme Court of Appeal and the Constitutional Court of South Africa. He has extensive experience in patent, design and copyright litigation, plant breeders’ rights and GMO litigation, Anton Piller-type proceedings, pharmaceutical, agrochemical and veterinary product liability litigation and patent filing and prosecution. His technical expertise includes life sciences, pharmaceuticals, veterinary sciences, agrochemicals, medical sciences, chemistry, biotech, plant breeders’ rights, product liability, copyright litigation, IP licensing contracts and registered designs.

registered designs. She specialises in the filing of patent and registered design applications received from abroad and dealing with all subsequent administration, prosecution and formalities thereof. Annelise is a member of the International Federation of Intellectual Property Attorneys (FICPI) and a fellow of the South African Institute of Intellectual Property Law (SAIIPL).

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